In my trademark prosecution practice, I am often asked what exactly it means to use a mark in commerce. The question seems straightforward, but in reality it is anything but.
Take the recent decision of the Trademark Trial and Appeal Board (TTAB) in the case of Playdom, Inc. v. Couture. It began in 2008, when David Couture applied to register the service mark PLAYDOM for use in connection with entertainment and educational services consisting of advice on concept and script development. Unfortunately for Couture, he filed his application based on use in commerce.